From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy   
 
Subj:    REVIEW OF NAVAL RECORD OF  
 
Ref:  
(a) 10 U.S.C. §1552 
(b) BUPERSINST 1430.16F dtd 2 Nov 07  
 
Encl:   
(1) DD Form 149 w/attachments 
 2) Subject’s naval record 
   
1.  Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show Petitioner was advanced to E-2 on 1 July 2017. 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 3 May 2019 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: 
 
    a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.   
 
     b.  On 7 June 2016, Petitioner entered active service as an E-2. 
   
     c.  On 4 October 2016, Petitioner was subject to Non-judicial Punishment (NJP) and was reduced to E-1. 
 
     d.  On 21 October 2016, Petitioner arrived to his new duty station. 
 
     e.  On 20 July 2017, Petitioner received an Evaluation Report & Counseling Record for the period of 5 October 2016 to 15 July 2017.  Petitioner was recommended for retention and was recommended for promotion with a mark of Must Promote. 
 
      f.  On 19 July 2018, Petitioner received an Evaluation Report & Counseling Record for the period of 16 July 2017 to 15 July 2018.  Petitioner was recommended for retention and was recommended for promotion with a mark of Early Promote. 
 
     g.  On 24 August 2018, Petitioner submitted a request for advancement to E-2 effective 16 July 2017.  On 11 October 2018, Petitioner’s command approved his request, and advanced him to E-2 effective 11 October 2018.  However, due to system restrictions they were unable to back- date his advancement.  
 
     h.  On 16 July 2019, Petitioner was advanced to E-3. 
 
     i.  On 3 September 2019, Petitioner was advanced to E-4. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the contents of reference (b), the Board finds the existence of an injustice warranting the following corrective action.  Petitioner was eligible and recommended for advancement to E-2 effective 16 July 2017.  However, due to an administrative oversight and system restrictions Petitioner’s advancement was not backdated. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner was advanced to E-2 effective 16 July 2017. 
 
Petitioner was advanced to E-3 effective 16 April 2018. 
 
Note:  Defense Finance & Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay and allowances. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and  
having assured compliance with its provisions, it is hereby announced that the foregoing  
corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.